Judge dismisses suit of Molly Bish tipster, so he doesn't get reward

WORCESTER — A judge Wednesday morning dismissed the civil suit by a man who said he is deserving of a $100,000 reward for information he supplied to investigators in the Molly Bish case.

Judge David Ricciardone granted a motion by the defense that he issue a directed verdict, indicating that as a matter of law a jury was left to rule in favor of the defense.

Timothy S. McGuigan, a former police officer in North Brookfield and Sturbridge, sought the reward after leading investigators, in 2003, to a remnant of Ms. Bish's bathing suit on a Palmer hillside. The discovery helped authorities find Ms. Bish's remains.

Mr. McGuigan, now 47, applied for the reward money and was denied by the district attorney at the time, John J. Conte, and later by current District Attorney Joseph D. Early Jr.

Mr. Early, in an interview after the dismissal in Worcester Superior Court, said he believes the civil suit distracted from the main focus, solving the case.

"It takes away from the purpose, which is to find the person or people responsible for Molly Bish's death," Mr. Early said. "You just want the focus to stay on the investigation."

He hoped an unintended consequence of this civil suit could be more tips coming in to state police detectives about the killing of Ms. Bish, a 16-year-old who vanished from her lifeguard post at Comins Pond in Warren on June 27, 2000. No one has been charged in the killing.

The defense team Wednesday morning requested a directed verdict. Judge David Ricciardone granted the request.

Defense lawyers can ask a judge for a directed verdict at the end of testimony. In civil cases, a lawyer can argue that a client's liability has not been proven by a preponderance of the evidence, according to the American Bar Association.

In explaining his decision, Judge Ricciardone said Mr. McGuigan acted at his own risk based on posters distributed in the case.

Mr. McGuigan contended he was entitled to the reward money based, in part, on the fact that some posters stated that the $100,000 in private donations would be paid "for information leading to Molly."

The Polly Klaas Foundation, a nonprofit group in California that assists families of missing children, produced the posters. One poster was on the bulletin board at the state police barracks in Brookfield, according to Mr. McGuigan.

"You put information out there for a purpose, and we should be bound by what's put out there, especially if they are in state buildings," Mr. McGuigan said outside the courtroom. "I had my day in court, and we're going to review all our options."

Mr. Early and Mr. Conte each testified that the $100,000 reward, first offered in 2000, was for information leading to the arrest and conviction of the person or persons responsible for the abduction and killing of Ms. Bish.

Mr. Early and Mr. Conte lauded the work of Assistant Attorney General Helene Kazanjian, who represented the government.

"It's been a long haul," Mr. Conte said after the judge's decision. "Overall it was a very just decision. All of the people who put up the reward money did so only with the proviso that was testified to here. Basically, in order for anybody to receive money, they had to produce a person who is responsible for the abduction of Molly."

Mr. McGuigan's lawyer, Leonidas Chakalos, said he will weigh options with his client. He did not comment on whether an appeal is being planned.

"Whatever one thinks about Tim, no one can take way what he did. What he did was a good thing," Mr. Chakalos said. "He led the investigators to what turned out to be Molly's remains. The court case, I mean the law was against us."

He later clarified his comment, saying his client led investigators to a piece of Ms. Bish's bathing suit, and that information helped others find Ms. Bish's remains.